Thai military courts hand down record prison sentences for insulting monarchy
Originally published at Siam Voices on August 7, 2015
Thailand's military courts have issued record prison sentences - 30 years and 28 years - against suspects for allegedly defaming the country's monarchy on Facebook. Two separate verdicts have found the accused guilty of posting content on Facebook that is deemed a violation of the country's infamously draconian lèse majesté law, also known as Article 112 of the Criminal Code, that states “whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years.”
The first sentence was delivered Friday morning in the Thai capital Bangkok:
On Friday morning, 7 August 2015, the Military Court of Bangkok sentenced Pongsak S., a suspect of offences under Article 112 or the lese majeste law and Article 14 of the Computer Crime Act (importing of illegal content into a computer system), to 60 years imprisonment.
The court gave 10 years prison term to each of the six lese majeste counts he was charged with. Since the suspect pleaded guilty as charged, the court, however, halved the sentence to 30 years in jail.
Pongsak used Facebook under the name “Sam Parr” to distribute messages and images defaming the monarchy, which he copied from other sources. At the press conference in January 2015, he pleaded guilty to all charges and said he did so because he was instigated by some Facebook friends. He also said that he went to anti-establishment red-shirt demonstrations.
He told Prachatai that he was tricked into meeting a decoy who had been talking to him via facebook under name ‘Numbannok Rak Seri’ (a free country boy) in the northern province of Tak and was arrested on 30 December 2014 at the bus transit in Phitsanulok Province.
“It turned out when I met the guy at the military base later that he was an officer out of uniform,” said Phongsak.
"Military court sets new record on lese majeste sentence; man gets 30 years behind bars", Prachatai English, August 7, 2015
Hours later on the same day, another military court in the northern city of Chiang Mai sentenced a woman to prison:
According to Thai Lawyers for Human Rights (TLHR), the military court of the northern province of Chiang Mai on Friday afternoon, 7 August 2015, sentenced Sasiwimol (surname withheld due to privacy concerns), a 29-year-old employee of a hotel in the province, to 56 years in jail for allegedly posting six lese majeste messages under the Facebook identity ‘Rungnapha Kampichai’.
The military court gave 8 years jail term to each of the 7 lese majeste counts of the suspect. However, since the defendant pleaded guilty as charged, the court halved the jail term to 28 years.
At the deposition hearing in June 2015, the defendant denied all allegations. However, during the plaintiff’s examination hearing today, 7 August 2015, she retracted her pretrial statements and pleaded guilty.
Prior to the ruling, Sasiwimol submitted a letter to the court, requesting the judges to reduce the jail sentence because she has never committed any crime and is a mother of two daughters aged seven and five. The military court judges dismissed the request and reasoned that the jail sentence is already light since case is severe because it is related to the revered Thai monarchy and gravely affected public sentiment of Thai people.
"Northern military court sends mother of two to 28 years in prison under lese majeste", Prachatai English, August 7, 2015
Both cases have set an unprecedented record for long prison sentences, since the court issued the punishment per offense that was deemed not only a violation of the lèse majesté law, but also to the Computer Crimes Act. In other words, the accused were punished twice for allegedly violating two vaguely worded laws and also accumulated a long prison term because the courts counted each Facebook post as separate offense. Both defendants have pleaded guilty not only to halve their sentences (the fact that they were still unprecedentedly long is telling) but also to keep the possibility of a royal pardon open.
Lèse majesté-related complaints have sky-rocketed in the past decade (regardless of who was in power) thanks to self-proclaimed ultra-nationalist vigilantes as more verdicts have shown increasingly looser interpretations of the law, rendering a reasonable debate or even a possible amendment of the law impossible. To make matters worse, ever since Thailand's military - which sees itself as the defender of the Thai monarchy - took power in the coup of May 22, 2014, it has transferred jurisdiction of lèse majesté cases to military courts. Unsurprisingly, the number of cases have piled up under the junta.
The Thai military government is fighting against lèse majesté suspects at multiple fronts: evidently, social media is under increased surveillance and Facebook itself reported a sharp increase of blocked content in the second half of 2014, while it also states that Thai authorities have requested information of certain Facebook users three times.
Furthermore, the junta is hunting a number activists charged with lèse majesté that have fled abroad, often resulting in diplomatic spats, and other repeated requests to countries that have granted asylum to the prosecuted suspects.
Thai court jails theater activists for lese majeste
Originally published at Siam Voices on February 25, 2015 Thailand's courts are continuing to jail people under the lèse majesté law, as two young students have been sentenced to two and a half years in prison for allegedly insulting the monarchy in a theater play. The conviction shows yet again the draconian law is still thriving and even more so under the current military junta.
Dozens of students outside the Criminal Court in Bangkok began to sing when Patiwat "Bank" Saraiyaem (23 years old) and Porntip "Golf" Mankong (26) were taken out of the building (see video below) in shackles and back into their prisons after the judges handed down their sentences: five years in prison, reduced to two and a half. Both students were found guilty of allegedly violating the lèse majesté law by seemingly insulting the monarchy with a theater production.
[youtube https://www.youtube.com/watch?v=TH0X9mPMjW0?rel=0]
The draconian lèse majesté law, Article 112 of the Criminal Code, states that it is a criminal offense to “defame, insult or threaten” the king, queen, heir to the throne or regent. If convicted, the accused can face up to 15 years in prison. The law also prohibits media and anyone else from citing or quoting the details of the offense, as this also constitutes a violation of the law itself.
Use (or rather abuse) of the law has been constantly on the rise for most of the past decade, but has seen a sharp increase since the military coup last May. One of the first orders by the military junta was to transfer jurisdiction of such cases to a military court, as martial law remains since the coup.
Patiwat and Porntip - respectively, a student until his suspension at Khon Kaen University because of the trial, and a recent graduate - were part of the "Prakai Fai" (literally Sparking Fire) activist theater group and staged the play "The Wolf's Bride" ("เจ้าสาวหมาป่า" in Thai) at Bangkok's Thammasat University in 2013, which was the scene of the student-led pro-democracy rallies and its bloody military crackdown in 1973 and 1976.
The play itself is set in a fictional kingdom about a fictional king and his fictional advisor. Nevertheless, its contents (which we cannot elaborate further upon for the aforementioned reasons), were still deemed enough to defame the actual Thai monarchy. Patiwat (who acted in the play) and Porntip (who primarily co-ordinated the production) were arrested last August, while many others of the group have fled Thailand fearing they would be targeted as well.
The fact that a work of fiction is at the center of the offense shows not only the problematic flexible interpretation of the law by the authorities of what constitutes lèse majesté and what doesn't, it also bears some similarities of the case of Somyot Prueksakasemsuk. The veteran labor activist was sentenced to 11 years for merely editing political essays - that were written by somebody else - which were at best vague allusions to the royal family. He has been incarcerated (including his detention before the trial) since April 2011 and has been denied bail 16 times so far.
The two accused students have been denied bail six times as well, as have most other lèse majesté suspects. Both defendants have previously pleaded guilty, which doesn't necessarily mean they acknowledge the crime, as this is a standard procedure to reduce the sentence. Also, like many other sentenced lèse majesté prisoners, it seems unlikely that the two will be appealing the verdict, which would leave a royal pardon the only legal avenue to shorten the prison term.
The judges reasoned their verdict and sentencing as following:
"Although the defendants have never committed previous crimes, their action - performing the play in an auditorium at Thammasat University - was an act of defamation and insult in front of numerous people," said a judge at Ratchada Criminal Court in Bangkok. "Moreover, it was disseminated on many websites, causing damage to the monarchy, which is revered by all Thais. Such action is a grave crime that warrants no suspension of the punishment."
"Theater Activists Jailed Over Satirical Play About Monarchy", Khaosod English, February 23, 2015
The judge's assumption that the offenses in that theater play were insulting to the monarchy despite being "revered by all Thais", underlines "the contradictory task of trying to argue how inflammatory the slanderous remarks are (...) while at the same time maintaining that the words have no such effect on them," as academic and lèse majesté expert David Streckfuss wrote once (read here).
In fact, this contradiction has reached new (and absurd, if it wasn't so serious) lows under the current military government, which is hunting for lèse majesté suspects and dissidents alike with vigorous zeal - especially an estimated 40 suspects that have fled abroad.
A change for the better in Thailand is not in sight with the authoritarian military junta at the helm. But dissent is still alive, which is currently mostly upheld by student activists and public displays of resistance still do occur (as seen recently last Valentine's Day), only to be immediately shut down by the skittish authorities.
Porntip's and Patiwat's family members broke down in tears after the verdict was read out, as the dozens of supporters were waiting downstairs at the exit of the Criminal Court in Bangkok and started singing "The Faith Of Starlight" ("แสงดาวแห่งศรัทธา" in Thai), a song written by Thai leftist intellectual Chit Phumisak and popularized as a protest anthem by the pro-democracy student activists in the 1970s, which ended with the words:
ขอเยาะเย้ย ทุกข์ยากขวากหนามลำเค็ญ / คนยังคง ยืนเด่นโดยท้าทาย / แม้นผืนฟ้า มืดดับเดือนลับมลาย / ดาวยังพราย ศรัทธาเย้ยฟ้าดิน / ดาวยังพราย อยู่จนฟ้ารุ่งราง
May I mock the miserable thorns of poverty / the people are still standing defiantly / and even the skies turn dark and the moon vanishes forever / the stars are still shining, the faith of the starlight / the stars are still shining, until heaven is obscured
As the choir kept chanting, the pair were put in a transport van. Patiwat "Bank" Saraiyaem and Porntip "Golf" Mankong - the two thespians, now prisoners - calmly and defiantly flashed the three-finger-salute from "The Hunger Games" movies (and declared illegal by the military junta) as the van darted out of the garage to drive them to their prisons.
Thai junta hunts down lèse majesté fugitives abroad
Originally published at Siam Voices on January 15, 2015
The hunt for people suspected of breaking Thailand’s draconian lèse majesté law continues, with the military junta even looking to extradite those who have fled abroad while ultra-royalist vigilantism at home reaches a new absurd low.
After months on the run, Ekapop Luara seems have to found asylum, but it is a long way from home and it remains to be seen if he will ever return to Thailand. Nevertheless, he uploaded a picture on his Facebook account showing his and his girlfriend’s new New Zealand passports.
The military coup of May 22, 2014 caused the 23-year-old Thai student, also known as Tang Acheewa, and his partner to flee Thailand, as the military junta rounded up many people associated with the former government and those perceived to be supporters. Hundreds were summoned and temporarily detained, and many have been charged in the intervening months, over 20 of them with the draconian lèse majesté law.
Article 112 of the Criminal Code punishes defamation of the King, Queen, Heir Apparent and Regent with a maximum 15 years prison sentence, but the law has been used more vigorously, practically silencing any debate on the Thai monarchy. One of the first orders during the coup was to transfer jurisdiction of these cases to a military court. Ekapop’s alleged offense dates back to late 2013, when he allegedly insulted the monarchy at a red shirt rally and was subject of an arrest warrant shortly after that.
Ekapop and his girlfriend fled to Cambodia first and stayed for months, under the protection of the United Nation’s refugee agency UNHCR. They regularly changed location as the neighboring country isn’t entirely a safe haven, especially after the apparent rapprochement of Phnom Penh with the Thai military junta and rumors to forcefully return Ekapop to Thailand. That has not stopped him from constantly mocking the Thai authorities on his Facebook account, which is currently deactivated.
The fact that the fugitive couple suddenly popped up in New Zealand has resulted in some diplomatic tensions back in Bangkok:
Thailand's Foreign Affairs Ministry summoned the charge d'affaires at New Zealand's Bangkok Embassy on Tuesday to "express its concerns".
Thai spokesman Sek Wannamethee said Thailand had asked New Zealand officials to clarify Mr Ekaphop's refugee status.
"Mr Ekaphop is exploiting his status granted by the New Zealand Government to conduct political activities which have reverse impact on Thailand's security," he said.
"Such a movement is considered an obstacle to the peace-building process and the good relationship between both countries. Therefore, Thailand requested New Zealand to revoke his status in order to stop his actions against the law."
”Thailand wants refugee returned”, New Zealand Herald, January 8, 2015
As of writing, New Zealand officials remain tight-lipped on the matter.
The junta’s reaction is just the latest in a series of increased efforts to extradite numerous Thais accused of lèse majesté that have fled abroad. Deputy Prime Minister General Prawit Wongsuwan looks to be leading the hunt:
Gen Prawit, who is in charge of security affairs, said Prime Minister Prayut Chan-o-cha wants all fugitives in lese majeste cases who have fled abroad, including Thammasat University history lecturer Somsak Jeamteerasakul, to return and fight the cases.
He declined to reveal how many suspects are on the government's wanted list and in which countries these suspects are believed to be hiding.
Gen Prawit, who is also defence minister and deputy chairman of the National Council for Peace and Order (NCPO), said some of those countries do not have an extradition treaty with Thailand, or a lese majeste law, which causes problems.
What Thailand can do is ask for cooperation from those countries. Interpol has also been asked for help in extraditing these suspects, he added.
”Govt pursues lese majeste suspects overseas”, Bangkok Post, December 28, 2014
Somsak Jeamteerasakul has been a vocal critic against the lèse majesté law and for that has been attacked both verbally and physically by ultra-royalists and in 2013 was hit with a lèse majesté complaint filed by none other than the army itself. In late November 2014, after months of silence and not responding to an army summons, he reappeared on Facebook with a message hinting that he had left Thailand.
The junta leader, former army chief and current Prime Minister General Prayuth Chan-ocha, has promised a ”fair trial” for those coming home voluntarily. However, use (or rather abuse) of the lèse majesté law has been rampant since the coup, utilized to silence dissidents (not to mention the online surveillance and media censorship), as evident by a recent pledge of the Thai police to speed up the investigations of such cases.
The recent establishment of an inter-departmental and inter-ministerial committee to find every possible way to extradite lèse majesté suspects from abroad shows a certain frustration among the Thai authorities who are not only unable to get them back to Thailand within certain legal boundaries, but are also struggling also to convince other countries that the junta is justified to hunting them down.
It must be clear to everybody involved - especially those in the Thai Ministry of Foreign Affairs - that it is futile to pursue lèse majesté suspects that have already left the country, no matter what explanation they use. So, why are Thai officials are going about everything involving lèse majesté so overzealously? One simple and short answer would be that it shows to the public that the authorities are working hard to ensure the law is upheld and the suspects are being hunted - regardless of yielding any actual tangible results. Whether or not the intentions behind those efforts are sincere is a different matter.
However, this doesn’t prevent ultra-royalists from rampaging against their perceived enemies and anybody who helps them:
After the report on the New Zealand Herald spread across social media, aided by a translation to Thai that appeared on the right-wing Thai newspaper Naew Na, a number of royalists in Thailand have started calling for a "boycott" of the UNHCR for allegedly helping the "anti-monarchy" suspect.
The campaign, which appears to be coordinated by several Facebook pages, has also urged all Thais to refrain from donating to the UN agency.
”Thai Royalists Call For Boycott of UN Refugee Agency”, Khaosod English, January 10, 2015
This kind of extreme Thai royalist witch hunt is nothing new. This week the Facebook page of the UNHCR’s Thailand office was bombarded with profanity-filled threats of boycott and even violence (i.e. one angry user pledged to "destroy the [UNHCR] donation booths and slap the staff! **** UNHCR Thailand!"), so much so that the social media profiles of UNHCR Thailand have been offline since Wednesday morning. Sources have independently told Siam Voices that the accounts were taken down for ”maintenance,” but don’t know when they will return and also could not answer if this was scheduled.
Re-drawing the invisible line: Lèse majesté cases pile under Thailand's junta
Originally published at Siam Voices on October 23, 2014 Since the military coup, the number of lèse majesté cases has been rising in Thailand as the chances of the accused grow even slimmer under the junta's rule.
The trial was about to start when everybody except the defendants and their lawyers were asked to leave the room. Despite negotiations by observers and in the presence of representatives from the European Union and the United Nation’s Office of the High Commissioner for Human Rights, the court officials insist the session to continue "in camera” - in other words: behind closed doors.
Some time later it emerged from behind these closed doors that one of the accused, Kathawut B., a radio host associated with the red shirts, has been denied bail for the sixth time, the court citing national security reasons and deeming the defendant a flight risk. Explaining why the public was shut out of the proceeding, the judges claim that these kind of cases could negatively affect "public order and good moral” despite the fact that such cases have mostly been held in public.
The reason cases like Kathawut are becoming more strict is because Kathawut is being tried for lèse majesté.
The draconian lèse majesté law, Article 112 of the Criminal Code, states that it is a criminal offense to "defame, insult or threaten” the king, queen, heir to the throne or regent. If convicted, the accused can face up to 15 years in prison.
Coinciding (many observers argue even directly correlating) with the growing political polarization of the past years, the number of lèse majesté related complaints have sky-rocketed even reaching far into the hundreds in 2010. Often such complaints have been politically motivated, either to attack a political opponent or because an individual is perceived as a threat to Thai ultra-conservatism (read our 2013 summary here.)
Things have gotten considerably worse since the coup in May 2014, as the military junta announced days after the hostile takeover of powers that certain cases including lèse majesté are being sent to a military court.
The past few months saw a considerable surge in arrests, trials and sentences relating to lèse majesté cases. The independent news website Prachatai and the legal advocacy group iLaw have compiled a list of such cases on top of those already imprisoned, last updated on September 10, 2014. Among the 21 cases, they include:
7 Apichat P., a graduate student at Thammasat University, who joined a protest against the coup on 23 May 2014 and was arrested. He was the first person that been charged with lese majeste after the 2014 coup. (…) He had been detained at the Bangkok Remand Prison for 26 days before released because the court denied the police’s custody petition. (…)
9 Sombat Boonngam-anong, aka Nuling, a red-shirt activist, was summoned by the NCPO to report himself. Sombat defied the order by hiding himself from the authorities but still was very active online. He was arrested on 5 June 2014 and detained for 7 days in an army camp. He was charged with sedition and was granted bail for the charge. Later police from northeastern province of Roi-et detained him and accused him of posting picture deemed lese majeste on Facebook. Sonbat was granted bail. (…)
14 Patiwat S., a student activist from northeastern Khon Kaen University, was charged with lèse majesté for taking part in a political play "The Wolf Bride" about a fictional monarch, deemed lèse majesté by the police.
15 Pornthip M., a theatre artist and former leading member of Prakai Fai Karn Lakorn performance arts group, was charged with lèse majesté. She was accused of being involved with the political play "The Wolf Bride" about a fictional monarch, deemed lèse majesté by the police.
16 Yuthasak, a taxi driver, was reported by one of his passenger of defaming the King. The passenger also gave the police the record of their conversation in January 2014. The police from Phayathai police station arrested him from a taxi garage on 2 June 2014. The Court denied his bail request. He was detained in Bangkok Remand Prison.
17 Akaradej, An undergraduate student from Mahanakorn University of Technology, was accused of posting messages deemed lese majeste on Facebook in early 2014. It was his Facebook “friend” which reported the case to the police station in Sutthisan district. The police arrested him at his house in June 2014. The Court denied his bail request. He was detained in Bangkok Remand Prison.
"2014 coup marks the highest number of lese majeste prisoners in Thai history,” Prachatai English, September 10, 2014
In addition, the following cases have occurred in the past few weeks:
- A musician was sentenced to an unprecedentedly harsh 30 years in jail for lèse majesté and violating the Computer Crime Act by a court in Ubon Ratchathani in early October. A legal academic also argues that the judges have incorrectly added 3 years. Since the defendant pleaded guilty, the prison sentence was halved to 15 years.
- American journalist Tom Plate interviewed former prime minister Thaksin Shinawatra and this resulted in the 2011 book "Conversations with Thaksin: From Exile to Deliverance: Thailand's Populist Tycoon Tells His Story.” Suranand Vejjajiva, former secretary-general to toppled prime minister Yingluck Shinawatra (Thaksin’s sister), translated this book into Thai. All three are subject to a lèse majesté complaint filed by a former MP of the then-opposition Democrat Party, claiming some parts in the book are "harmful to the royal institution.”
- Veteran political activist Jaran Ditapichai was charged with lèse majesté on October 16 for organizing the theater play "The Wolf Bride" which resulted in two other people involved in the production also being charged (see the list above). Jaran is currently in exile in Europe.
- Two retired army officers filed a lèse majesté complaint against veteran social activist Sulak Sivaraksa last week, accusing the 82-year-old of insulting the medieval 17th-century King Naresuan during a seminar.
- "Same Sky" publishing house has been threatened twice by the military junta with a lèse majesté charge. First, they demanded to delete a Facebook post deemed offensive. Secondly, they ordered Same Sky to stop selling t-shirts with motives they think are offensive. The editor, Thanapol Eawsakul, has been arrested and released twice without trial BBC Thai reports.
It seems that in this current atmosphere - where the media is under close watch, the internet reportedly heavily monitored and public displays dissent not tolerated by the junta - that ultra-royalists in Thailand have almost free reign to act against what they perceive as a threat to the nation and the monarchy.
This is further underlined by the junta’s announcement to rigorously prosecute lèse majesté offenders, in a bid to bolster its moral legitimacy and also make the case of an anti-monarchy movement (and thus one of the needs for a military coup in the first place). It also even seeks extradition of suspects abroad, while junta leader and prime minister General Prayuth Chan-Ocha recently told them to come back to Thailand voluntarily and promised a "fair" trial.
The ongoing existence of martial law in Thailand has helped in the reactivation of the cyber-scout program, which recruits students into an online volunteer force combing the internet for allegedly offensive content.
In this climate, it also seemingly doesn’t matter how frivolous some of these charges are, as the complaint against Plate, Thaksin and Suranand was filed by a political rival.
But the complaint against veteran social activist Sulak Sivaraksa for allegedly insulting the medieval King Naresuan is particularly ludicrous. The 17th-century king has enjoyed something of a resurgence in the Thai public recently, as he has been the subject of a dramatized bio-epic series - the most recent part launched in Thai cinemas shortly after the coup and the junta organized free nationwide movie screenings for it.
Nevertheless, the implications of this complaint if this actually goes to trial are even more severe: as mentioned above, the law only applies to the current king, queen, heir-apparent and regent. However, the Supreme Court decided last year that it also covers past kings, as a defendant was found guilty to have insulted King Rama IV., who ruled from 1851 to 1868. If Sulak was found guilty, it could affect several centuries of history and it would make for instance critical academic research into it nigh impossible.
It would also re-draw the invisible line of lèse majesté, making it even harder to navigate the legal boundaries of Thailand's already draconian law.
Thailand's junta extends censorship with mass online surveillance
Originally published on Siam Voices on September 19, 2014 Thailand's ruling military junta is further tightening its grip on the public discourse by heightening its censorship measures, going as far as reportedly implementing widespread surveillance of Thai Internet users. The new measure seeks to crush criticism at the military government and to crack down on anything that is deemed insulting to the royal institution - also known as lèse majesté.
When the Thai military declared martial law two days before it launched the coup of May 22, 2014, one of the main targets was the complete control of the broadcast media, which resulted in the presence of soldiers at all major television channels and the shutdown of thousands of unlicensed community radio stations and over a dozen politically partisan satellite TV channels, primarily those belonging to the warring street protest groups.
Nearly five months later, most of these satellite TV channels (with one notable exception) are back on the air but have been renamed and had to considerably toned down their political leanings before they were allowed to broadcast again. The TV hosts who were last year's heavy-hitting political TV commentators are now hosting entertainment programs or, if they're lucky, return to a talk show format, but only in the name of national "reform" and "reconciliation".
But the military junta, also formally known as the “National Council for Peace and Order” (NCPO), still has a firm grip on the media, as it has set up specific monitor watchdogs for different media platforms (and also specifically for foreign news outlets) to screen out critical content against the NCPO. Furthermore, it has practically issued a gag order to the Thai media - only then to reiterate that while criticism against the military junta is allowed, it should only be done "in good faith".
The censorship measures and the monitoring efforts also extend online. Unlike during the last military coup in 2006, the emergence of social media networks makes it a daunting uphill battle for the junta to control the narrative. Nevertheless, the authorities have always been eager to have more control to filter and censor online content and have blatantly resorted to phishing for user information, and even considered launching its own national social network. And there was this:
In late May, a brief block of the social network Facebook sparked uproar online, while statements by the Ministry for Information and Telecommunication Technology (MICT) and the NCPO over whether or not the Facebook-block was ordered or it was an “technical glitch” contradicted each other. It emerged later through a the foreign parent company of a Thai telco company that there actually was an order to block Facebook, for which it got scolded by the Thai authorities.
"Thailand’s junta sets up media watchdogs to monitor anti-coup dissent", Siam Voices/Asian Correspondent, June 26, 2014
The junta also reactivated its "Cyber Scout"-initiative, recruiting school children and students to monitor online content for dissidents, and announced plans for internet cafes to install cameras so that parents can remotely monitor what their kids are doing.
The towering motive of the junta's online monitoring efforts has been recently laid out by outgoing army chief, junta leader and Prime Minister General Prayuth Chan-ocha:
Gen. Prayuth outlined a strategy to "defend" the monarchy in a speech (...) [its] transcript describes the monarchy as an important element of Thai-style democracy and an institution that the Royal Thai Government is obliged to uphold "with loyalty and defense of His Majestic Authority."
"We will use legal measures, social-psychological measures, and telecommunications and information technology to deal with those who are not mindful of their words, are arrogant at heart, or harbour ill intentions to undermine the important Institution of the nation," the speech reads.
Under Section 112 of Thailand's Criminal Codes, insulting the royal family is a criminal offense punishable by up to 15 years in prison. The law, known as lese majeste, has been harshly enforced since the military staged a coup against the elected government on 22 May. (...)
"Prayuth Vows Tougher Crackdown On Anti-Monarchists", Khaosod English, September 11, 2014
And in order to achieve this, the junta reportedly doubled down its online monitoring earlier this week:
Thai authorities reportedly planned to implement a surveillance device starting from 15 September to sniff out Thai Internet users, specifically targeting those producing and reading lèse majesté content, a report says. Although the report is yet to be confirmed, it has created greater climate of fear among media.
Prachatai has received unconfirmed reports from two different sources. One said the device targets keywords related to lèse majesté and that it is relatively powerful and could access all kinds of communication traffic on the internet. Another source said it could even monitor communications using secured protocols.
After learning about this, a national level Thai-language newspaper editorial team has reluctantly resorted to a policy of greater self-censorship. Its editor warned editorial staff not to browse any lèse majesté website at work and think twice before reporting any story related to lèse majesté.
"Thai authorities reportedly to conduct mass surveillance of Thai internet users, targeting lèse majesté", Prachatai English, September 10, 2014
On Wednesday, it was reported that amidst severe internet slowdowns across Southeast Asia due to a damaged undersea connection cable extra internet filtering in Thailand has been activated.
There is no doubt that Thailand's military junta is determined to go forward with its own, very exclusive way of governing and tightly controlling the narrative through widespread media censorship and massive online surveillance. By invoking the need to "protect the monarchy", the military has a convenient weapon to act against dissidents in real life and in the virtual domain as well, no matter where they are.
According to the legal watchdog NGO iLaw, over 270 people have been detained by the junta between May 22 and September 5. Eighty-six of them are facing trial, most of them before a military court. Fifteen of those are cases concerning lèse majesté.
Why has Thailand banned the Tropico 5 video game?
Originally posted at Siam Voices on August 6, 2014
Ever since the military coup of May 22, 2014 the junta that is ruling Thailand has imposed strict censorship measures on the media and has shown repeatedly that it will not tolerate criticism. Journalists, if they have been temporary detained or reprimanded, have toned their reports down and partisan satellite channels (read: those of political parties) are still off air. The same heavy hand also extends to online and social media, where hundreds of websites have been blocked that carry anti-coup and anti-monarchy contents.
Now, the junta's censorship measures have taken their strangest turn so far:
Censors under Thailand's military junta have banned a city-building simulation computer game, saying it could hurt the country's security, a video game distributor said Monday.
The film and video censorship office blocked sales of "Tropico 5" because they feared "some part of its content might affect peace and order in the country," New Era Thailand marketing manager Nonglak Sahavattanapong said.
She said the office, part of the Culture Ministry's cultural promotion department, did not provide any further explanation in a written statement received by the distributor on Monday.
"Thailand's Censor Bans 'Tropico 5' Computer Game", Associated Press, August 4, 2014
In the fifth installment of the popular strategy and world-building PC game series "Tropico", the player takes the role of a leader in charge of a tropical island in the Caribbean spanning several decades and can either be a benevolent dictator caring for its population or a despot ruling with an iron fist (or anything in between) while trying to keep an eye on the nation's economics, education, foreign relations, military, personal wealth and everything else that's needs to be looked at. In short, the player is in charge of a banana republic and can do what he or she pleases, as long as he or she doesn't get overthrown in a revolution.
The ban by Thailand's junta was quickly picked up in the international media, including major video game news sites such as IGN, Kotaku, Polygon and Eurogamer. Also the game's publisher Kalypso Media stated in a press release:
"We are disappointed to hear that Tropico 5 will not be released in Thailand," commented Simon Hellwig, Global Managing Director Kalypso Media Group. ‘Tropico 3 and 4 both enjoyed successful releases in the country and although the Tropico brand does have a realistic political element to it, the scenarios and content are all delivered with a certain trademark tongue-in-cheek humor.’
Stefan Marcinek, Global Managing Director, Kalypso Media Group added ‘Our distributor has been working hard to gain approval for the release, but it seems that the Board of Film and Video Censors deem some of the content too controversial for their consumers. This does sound like it could have come from one of El Presidente’s own edicts from the game.’
Kalypso Media did release a DLC pack titled ‘Junta’ for Tropico 4 in 2011 which challenges players to turn the island into a militaristic society, something Thailand experienced in May this year when a real-life coups d’état saw the elected government ousted by a military takeover.
Press Release: "Tropico 5 Refused Retail Release in Thailand", Kalypso Media, August 4, 2014
Even the fictional "El Presidente" from the game himself tweeted in disbelief that "real life seems to be better than any parody" and a day later gave away copies the aforementioned 'Junta'-add-on pack for the (as of now still available) predecessor.
So, why was 'Tropico 5' banned from retail (as it is likely still available for purchase online) in Thailand?
On Tuesday, the Thai Ministry of Culture - or as we always call them #ThaiMiniCult - revealed further details of the ban:
Cultural Promotion Department chief Chai Nakhonchai said a subcommittee of the Video and Film Office had examined the game and voted 5-1 to ban it, with two abstentions.
He said the prohibition under the Film and Video Act 2008 was because the game allowed players the freedom to name the country and its leader or king as they pleased, and therefore the content was deemed offensive to the Thai monarchy and might affect national security and the country's dignity.
Chai also cited the report as saying that the game had many scenes in an era of "imperialism", which was a compulsory level for all players to go through in order to pass to other eras, and these scenes tended to mock the monarchy institution. Hence it was deemed to violate all previous constitutions of Thailand.
"Banned game found offensive to monarchy", The Nation, August 6, 2014
Where do I start...? First, the feature at the beginning of the game where you can create and customize your own "El Presidente" and name the island you'll rule is indeed a tool where players can let their fantasies run wild. But there has been no substantial evidence whatsoever that this feature has been used to emulate or mock Thailand and its monarchy. Second, the game takes you through several eras from the "Colonial Era" through "The World Wars" to "Modern Times" - but there's no so-called "Imperial Era" as claimed by ThaiMiniCult and there does not seem to be any reference to Thailand and its monarchy whatsoever.
In fact, the whole game franchise is a parody of a stereotypical Latin American banana republic and other historical figures that have meddled there. That has been the case in the previous four games, but the fifth one is apparently too much for the ThaiMiniCult to handle. At this point, the censorship seems already baseless and frivolous - if it wasn't for this cherry on top:
"Playing a game is different from watching a movie, as this game allows all players to express their beliefs without fear of law, so it is inappropriate to distribute such a game, especially during the current situation," he said.
"Banned game found offensive to monarchy", The Nation, August 6, 2014
Putting aside the debate over behavioral effects and escapism in video games (this is still a political blog, after all), the ThaiMiniCult seems to horribly misjudge fact from fiction and what people can potentially create with it. By invoking the ever-sensitive issue of the monarchy the censors are using a theme under which they can easily ban things - but on the other hand neither the developers nor the players probably had originally that in mind and are probably hearing it for the first time!
In other words, the ThaiMiniCult (and by extension the Thai military junta) does not want you to play a video game where you can play a military junta and have free choice about how you govern your fictitious country, since that can apparently already be deemed a political statement, no matter what choices you make in that game.
Well, there's still the classic board game "Junta!" out there to play...
Lèse majesté vigilantism and Thailand's political crisis
Originally published at Siam Voices on April 23, 2014 UPDATE (April 23): The head of the newly created radical royalist cyber-vigilante group has filed a lèse majesté charge against Ms. "Rose" himself. In separate story on Wednesday, Kamol Duangphasuk, better known among the red shirts as a poet under his pen name "Maineung K. Kunthee" has been shot dead by unknown assailants. "Maineung" was also known to be an anti-lèse majesté activist.
ORIGINAL STORY (April 22)
As Thailand's political crisis lingers on, the country's draconian lèse majesté law is still being applied, as two related cases show. Moreover, a new online vigilante group is making sure it stays that way.
The words Wutthipong Kotchathammakhun spoke into the camera were as straightforward as they were blunt. The man more commonly known as red shirt activist and radio talk-show host "Ko Tee" has always been more outspoken than the mainstream umbrella red shirt organization, the United Front for Democracy against Dictatorship (UDD), and he also doesn't shy away from openly criticizing the monarchy.
In a documentary by VICE News on the current Thai political crisis posted on YouTube earlier this month, "Ko Tee" implies that anti-government protest leader Suthep Thuagsuban "is only the figurehead" and points to somebody higher behind the protest movement.
The reporter asks Kotee what the red-shirts’ demands are. Kotee replies: “We demand that they stop mob gatherings on the streets. We demand the electoral system. They say they love the country. But all they do is destroy it and the economy. I'm fighting the system that has dominated Thailand for a long time. Suthep is only the figurehead. I'm fighting the one who is really behind the mob. You know the meaning, right?"
After a pause, he asks the reporter if she understands the implication of his gesture. He then says the name of the alleged de facto leader of the anti-government protest.
"Hardcore red Kotee target of lèse majesté charge", Prachatai English, April 9, 2014
The reactions were swift and even the Yingluck government were quick to pull the trigger, ordering the police to take legal actions against "Ko Tee", who remains at large at the time of publishing. Furthermore, the authorities have also threatened the public not to share said video, since they could also be implicated for lèse majesté.
That wasn't the only lèse majesté charge this month.
A Thai mother and father have sued their daughter, a vocal anti-establishment red-shirt residing in the UK, for posting video clips of herself defaming the monarchy after they received a storm of hate phone calls from Thai loyalists.
Thai media reported on April 17 that Surapong and Somchintra Amornpat filed a police complaint against their daughter Chatwadee Amornpat, 34, who is now working as a hair stylist in London and holds British citizenship.
Declaring herself a “progressive red shirt” and republican, Chatwadee, aka Rose, recorded several video clips, voicing her opinions on the Thai political conflict and attacking the monarchy and published them on her Facebook profile. (...)
Her parents decided to press charges against her because they were threatened by phone calls from people in Thailand. Pressing charges is to show that they do not condone their daughter’s actions, the parents said, adding that they have warned her to stop defaming the King.
"I want people to understand that just because a daughter is doing something wrong, it doesn't mean the parents are also guilty, because we don't condone such actions," Khaosod English quoted Surapong as saying.
"Parents sue daughter for lèse majesté", Prachatai English, April 19, 2014
While "Rose" is in the United Kingdom, she could be arrested if she returns in Thailand. What is more striking in this case is not only that the parents are filing a lèse majesté complaint against their own daughter, but also the apparent climate of fear in the form of the threats made against the parents.
Such a climate of fear and pre-emptive social obedience - something we have mentioned a few times here when it comes to (over-)emphasizing one's loyalty to the monarchy - has now gained another supporter in form of an online vigilante group. The Facebook group, roughly translated to the "Organisation to Eradicate the Nation's Trash" ("องค์กรเก็บขยะแผ่นดิน" in Thai), has taken it upon itself to, as the name implies, to “exterminate” those that in their view "insult, defame and discredit the monarchy." The group, opened by a former military doctor called Dr Rienthong Naenna, has as of writing more than 140,000 likes since its launch a little over a week ago.
Pro-monarchist vigilantism online is not a new phenomenon in Thailand - at one point in recent history it was even state-sponsored. Those accused of being critical of the monarchy have often been the target of cyber witch hunts. Victims of such attacks have often have their personal details and contact information disclosed in public.
But the aforementioned group is seemingly upping the ante:
Mongkutwattana General Hospital director Rienthong Nanna, who unveiled his new Rubbish Collection Organisation (RCO) last Wednesday, yesterday warned critics that he would “respond with violence” to any violent attacks committed against his supporters.
It came as Dr Rienthong claimed yesterday that about 7pm on Saturday he saw “suspicious-looking men” in three cars lurking outside his house on Chaeng Watthana Road. (...)
Dr Rienthong said he was working on the establishment of a “People’s Army to Protect the Monarchy”, which would recruit people in every region (...). He also invited retired military and police officers who are loyal to the King to a meeting (...) to discuss the establishment of “a special task force of old soldiers” to help the National Police Office punish perpetrators of the lese majeste law.
However, Dr Rienthong told the Bangkok Post that his “People’s Army” and the soldiers task force are not intended to persecute or use violence against fellow Thais. Their mission will be only to look for lese majeste suspects and bring them to justice. He denied the RCO is a rogue organisation and vowed that it will operate within the law, without links to political or business groups.
"Monarchists vow to fight ‘armed threat’", Bangkok Post, April 20, 2014
Even if the online mob does not translate its vigilantism into the real life, it does plant yet another dangerous seed in the already hatred-filled plains by naming their perceived enemies as "trash" and vowing to collect and "eradicate" them. The radical monarchists are setting a dangerous precedent, which some observers have compared to the Thammasat massacre of 1976. The holier-than-thou mindset of those claiming to defend the monarchy is further polarizing an already emotionally charged political crisis and could damage the monarchy in the long run more than they're actually protecting it.
Siam Voices 2013 review – Part 2: Lèse majesté and the media in the crossfire
Originally published at Siam Voices on December 28, 2013 Welcome to the second part of our Siam Voices 2013 year in review series. Today we highlight the state of freedom of speech, which is still endangered by the draconian lèse majesté law. We also take a look at the ongoing protests, where Thailand's media itself became the story.
As the current chaotic protests are dominating the headlines, earlier this month yet another man was found guilty of defaming Thailand's monarchy for posting two anti-monarchy messages on a web forum. Article 112 of the Criminal Code, also more commonly known as the lèse majesté law, cites that "whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years." However, this time there was also this:
The third offence was related to an attempt to insult the monarchy. The prosecutor made the accusation that evidence on the defendant’s computer showed that he had prepared to post another lèse majesté message on the web forum, but the attempt failed because of his arrest and the confiscation of his computer. He was found guilty under Articles 112 and 80 of the Criminal Code for the attempted offence and was sentenced to three years and four months in jail. Nevertheless, the judges did not give the rationale for their decision.
"Thai man found guilty of attempted lèse-majesté", Prachatai English, December 12, 2013
With the other offenses he was sentenced to a total of over 13 years in prison, but it was reduced to six years and eight months due to his plea of guilty and "beneficial testimony". It is an unprecedented and worrying ruling since for the first time somebody was convicted of "attempted lèse majesté", invoking Article 80 of the Criminal Code.
But given the lèse majesté sentencings of this past year, it is clear that things have not improved - it may have gotten even worse.
In January, a red shirt leader was sentenced to two years in prison for merely hinting at the monarchy. Later that month, veteran activist Somyot Pruksakasemsuk was found guilty of lèse majesté in a high-profile case with much international attention and followed by strong reactions. His offense: editing - not writing himself - two political essays that at best made allusions to the royal family for a now-defunct political red shirt magazine. Somyot was sentenced to 11 years even though he had already been in detention since April 2011 and been denied bail 15 times until today.
Numerous lèse majesté complaints filed this year also showed how frivolously the law is being misused: an activist targeted for distributing mock banknotes depicting Thai historical figures other than the King; a TV host filing a complaint against a student activist months after she was sitting on it; a sibling rivalry turned bitter with one brother accusing the other of insulting the King, causing him to be jailed for a year before he was acquitted; and even ex-yellow shirt leader Sondhi Limthongkul was found guilty because he quoted inflammatory remarks by somebody else. In related news, a court upheld a suspended sentence against Prachatai webmaster Chiranuch Premchaiporn for not deleting web comments quickly enough that were deemed insulting to the monarchy.
In November, the courts added a new dimension to lèse majesté that was previously unheard of by stating that the law also applied to previous kings, thus not only arbitrarily expanding taboo topics, but also making critical, academic research into current Chakri dynasty impossible.
What is apparent is the need to openly discuss the law and how it is being misused, as ThaiPBS attempted to earlier this year. But it was met with outrage and resistance by a vocal minority, still maintaining and promoting the perception that even talking about the law is illegal, which is factually wrong and deliberate misinformation. With the current political polarization deeper than ever, even a consideration to reform the lèse majesté is now further away than ever.
Also worrying is the increased usage of 112 in combination with the Computer Crimes Act - which we have criticised numerous times before - as an effective tool to crack down online dissent. So it came as no surprise when the commander of the Technology Crime Suppression Division [TCSD] Pol. Maj-Gen Pisit Pao-in emerged as the new self-appointed chief censor, brazenly using scare tactics to curb political online rumors. Likely emboldened by the sudden public attention, he went a step further and threatened to monitor the mobile messaging app LINE, demanding the developers behind it cooperate (to which they refused). You know when you've taken it too far when even the ICT minister (not widely known as a free speech proponent either) disagreed with Pisit's audacious plans and the latter was soon forced to backpaddle.
Media in the crossfire of protesters
With the country's relapse back to street protests, so grew the news coverage of them both in the domestic and international media. With the volatile political situation the fight over the sovereign narrative was in full swing and again, those not agreeing were at the receiving end of accusations of being biased with even physical attacks against both local and foreign colleagues.
The protesters felt misrepresented especially by the foreign media and fired back in the same vitriolic manner as they did back in 2010 with a sense of hurt national pride, entitlement and superiority. However, the protesters - equipped with their own satellite TV channel and other media outlets - have so far failed to present credible non-Thai language sources to back up their claims. In a similar vein they also targeted Thai free TV stations during one of their rallies in early December. The TV channels have greatly resisted the hostile takeover attempts and the pressure to cease their broadcasts and switch to the protesters' channel.
It is said that "journalism is the first rough draft of history" and it looks like, thanks to the protesters' attitude to the media, the first drafts will be less than favorable towards them regardless of the outcome.
The Siam Voices 2013 year in review series continues tomorrow. Read all parts here: Part 1: Politics - Part 2: Lèse Majesté & the media - Part 3: The Rohingya - Part 4: Education and reform calls - Part 5: What else happened?
Thai webmaster Chiranuch loses appeal against suspended sentence
Originally published at Siam Voices on November 8, 2013 Thai webmaster Chiranuch Premchaiporn has lost her appeal against her sentence for not deleting online comments deemed insulting to the monarchy quickly enough from the now defunct web board of the Thai news site Prachatai. The Criminal Court found her guilty in May 2012 and initially sentenced her to 1 year in prison, which was then reduced to an 8-month suspended sentence thanks to her testimony and a THB20,000 (US$630) fine.
The court stated that Chiranuch had failed to delete one comment for 20 days, whereas the other nine objected comments were deleted within 10 days, thus violating against Article 14 and 15 of the 2007 Computer Crimes Act which punishes “false data” that damages a third party, causes public panic or undermines the country’s security and “any service provider intentionally supporting” the said offenses, respectively – despite the fact that the court also states that the expectation to pre-emptively delete illegal comments was “unfair”.
On Friday morning, the Appeal Court turned down her appeal, essentially agreeing with the Criminal Court's original verdict, adding that Chiranuch should have known better based on her professional experience:
Appeal court agrees with criminal court: claim by defendants that not consent for comments published on Web for 1-11 days is convincing
— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013
Court: monarchy is needed for Thai society. the current king has devoted himself for the county and is an ideal monarch.
— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013
Court: it's duty for all Thais to protect the king
— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013
Court: given that defendant was 41 yr and graduated from media school, defendant should have taken better precaution measure to prevent LM.
— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013
Appeal court: Same sentence with suspended jail term #freejiew
— เครือข่ายพลเมืองเน็ต (@thainetizen) November 8, 2013
This case highlights the flawed legal foundation: the Computer Crime Act (CCA), which became effective in 2007, is vaguely worded and leaves a lot of room for interpretation and thus also legal arbitrariness, which can be made worse in conjunction with the draconian lèse majesté law (which Chinranuch isn't charged with in this case, by the way). A new version of the CCA is currently being drafted and already faces criticism by several Thai journalism associations (we will take a closer look at it in a future post).
Today's ruling shows again the ambiguous legal situation not only for online users, but also for providers of online content platforms, as they can be held liable for the contents of others. In the context of free speech, it is a severe hindrance to open discussions especially on politically sensitive issues. The condescending remark by the judges that the defendant should have known that online platforms could be used "to defame the King" is a strong hint of the authority's duty to protect the royal institution from any perceived danger, even if it means restricting online debates and online users have to censor themselves.
Ex-yellow shirt leader Sondhi found guilty of insulting Thai monarchy
Originally published at Siam Voices on October 2, 2013 Thai court sentences former leader of the ultra-royalist and reactionary yellow shirts movement Sondhi Limthongkul to two years in jail for lèse majesté, but for entirely the wrong reasons.
Things went from bad to worse for Sondhi Limthongkul, the media mogul turned leader of the so-called 'People's Alliance for Democracy' (PAD) aka the yellow shirts, on Tuesday:
The Appeals Court on Tuesday sentenced Sondhi Limthongkul, a core member of the People's Alliance for Democracy, to three years imprisonment after finding him guilty of lese majeste, reversing the lower court's decision which acquitted him of the charge. The prison sentence was reduced by one-third to two years in jail because his testimony was deemed useful.
Mr Sondhi was charged that on July 20, 2008 he went up the stage and made a speech at a rally of PAD supporters at Makkawan Rangsan Bridge over a loud speaker.
"Sondhi gets 2 years for lese majeste", Bangkok Post, October 1, 2013
In that speech, which was broadcasted by his own satellite TV channel ASTV, Sondhi quoted pro-Thaksin supporter Daranee Charnchoengsilpaku, more commonly known as "Da Torpedo", demanding her arrest and prosecution.
Daranee's reportedly very strong remarks made in 2008 criticized the military coup of 2006 and the monarchy, which led to her arrest and sentencing to 18 years in jail. But, following a petition from her, the ruling was nullified and her case was declared a mistrial (we reported) since the hearings were not made accessible to the public and the media. Nevertheless, she remained imprisoned and the retrial in 2011 still found her guilty, sentencing her to 15 years in jail. Earlier this year in July, it was announced that Daranee will seek a royal pardon after more than 5 years of imprisonment and several have reported health concerns.
This lèse majesté charge against Sondhi - filed by the police - originates as far back as 2008 as he was issued an arrest warrant shortly after the aforementioned broadcast and eventually faced trial in 2011 after several delays. In September 2012 he was acquitted of the charges by the Criminal Court, as it found that Sondhi had "no intention" of breaking the law. Now, a year later, a higher court has overturned that ruling.
For Sondhi, who was sentenced to 20 years in prison for corporate fraud earlier this year, it is another blow for the man who led a powerful and controversial political movement, more commonly known as the yellow shirts. The group is notorious for their street protests and the siege of Bangkok's airports in 2008 (the trial has yet to commence) in their continuous campaign to rid Thai politics of the influences of former prime minister Thaksin Shinawatra (a former business partner of Sondhi), including the current government of his sister Yingluck.
In August, Sondhi and other high-ranking leaders announced their resignation from the movement after they failed to convince their former allies, the opposition Democrat Party, to quit parliament in an effort to topple the government. While all involved insist that the PAD is not dead, their departure effectively disables the already marginalized movement (for now), despite the ongoing existence of ultra-royalist, anti-democracy and reactionary political offshoots.
The lèse majesté case and the conviction against Sondhi shows that even supporters of the monarchy and proponents of the draconian law are not exempt from the deeply flawed Article 112 of the Criminal Code. The reasoning of the judges clearly shows the 'logic' of the law and its perceived purpose:
The Appeals Court found Mr Sondhi guilty as charged, reasoning that it was not necessary for him to repeat Ms Daranee's remarks in public. In doing so, Mr Sondhi caused other people to know what Ms Daranee had said and to talk about it, thus affecting the monarchy.
"Sondhi gets 2 years for lese majeste", Bangkok Post, October 1, 2013
In other words, Sondhi made himself an accomplice to the crime and it doesn't matter if it was used in order to vilify her and demand her arrest, since Daranee's words - as with all other allegedly offensive remarks in all lèse majesté cases - are not publicly discussed outside the court rooms. As explored in a previous blog post here, prosecutors have the contradictory task of pursuing offenses against the monarchy (and also the often cited "national security") yet at the same time insist that they do not have an effect on them personally as loyal Thais.
Notably, while countless other lèse majesté prisoners are rejected bail and remain imprisoned while awaiting trial - as authorities claim they are a flight risk - Sondhi Limthongkul yet again walks free on bail (reportedly 500,000 Baht or $16,000 in this case) and probably will never see the inside of a prison cell.
Thailand: Uniform protest student accused of insulting monarchy
Originally published at Siam Voices on September 17, 2013 On Monday we reported on the Thammasat University student and her provocative poster campaign against student uniforms.
Now, the controversial student known as "Aum Neko" is facing more trouble:
A TV show host has accused the student known for her campaign against mandatory uniform wearing of insulting the monarchy.
Ms. Ponnipa Supatnukul, 41, the host of a talk show called "Best of Your Life" which is broadcast on a satellite TV channel, filed the complaint to the police in Nonthaburi Province, invoking Article 112 of the Criminal Codes which criminalises insults to the Royal Family. (...)
The student, who goes by her nickname Aum Neko, was interviewed in a talk show hosted by Ms. Pontipa 3 months ago, according to Ms. Pontipa. In the show, she said, she talked to Ms. Aum and 20 other Thammasat students about the impact of economic slowdown on students′ livelihood.
Ms. Pontipa claimed that Ms. Aum shocked everyone by "talking outside the topic" and "insulting the higher institution", a term referring to the monarchy. Ms. Aum's words were "so shocking we could not broadcast the show", Ms. Pontipa said, but she has nevertheless stored footage of the interview.
She claimed that she decided to pursue a legal action against Ms. Aum because she was incensed by the student′s continued defamation of the monarchy. Ms. Pontipa also alleged that Ms. Aum is encouraging other students to commit similar crimes.
"Lese Majeste Complaint Against Reformist Student", Khaosod English, September 16, 2013
The complainant made sure that the filing of her charge was well-documented as she let somebody film the process at the police station and posted it later on Facebook. She also had a few press members in tow.
Ms. Ponnipa also provided the officer with documents given by an unnamed Thammasat lecturer that includes personal details about "Aum Neko" including her actual gender by birth (she is a transgender woman), her actual name, birth date and personal ID number - which Ms. Ponnipa also willingly let the cameras film (a reason why I decided against embedding the video, as it was accompanied by an audible cackle by one of the bystanders).
While the nature of the offending comments allegedly made by the student has yet to be disclosed, Prachatai reports that the complainant pointed to a Facebook post by "Aum Neko" that apparently crossed the line for the TV host, as it criticized the pre-screening of Royal tribute movies at cinemas, where standing up is mandatory. In the same report, "Aum Neko" herself has expressed "shock and much anger" as she cannot believe that others would resort to "dirty means" in order to discredit her.
One really has to question the motives and the way Ms. Ponnipa filed her lèse majesté charge, since she was sitting on the alleged offensive remarks for months just to use them against her right now after the anti-uniform campaign gained more attention. Also, she repeatedly showed suggestive pictures of the accused, trying to make the point that such an offence can only be made by an (from her viewpoint) "immoral" person, while repeatedly positively mentioning the virtues of His Majesty and her perceived duty to protect it.
There have been lèse majesté complaints in the past of similar frivolous and spiteful nature: just last Friday a court acquitted a man of lèse majesté, after his own brother filed charges against him in what was a very apparent a long-standing sibling rivalry turned ugly. (It is worth noting that the alleged anti-monarchy comments in this case were made in private, which would have had catastrophic ramifications in case of a conviction). The man was imprisoned for a whole year and repeatedly denied bail while his case was pending.
Another example is the case of actor Pongpat Wachirabanjong's rousing pro-monarchy speech in 2010 (“If you hate our Father, if you don’t love our Father anymore, then you should get out of here!“), after which one person (mostly likely facetiously) accused him of improper language. Unsurprisingly, the case was dropped.
These and many more cases show one of several weak points of the Kingdom's draconian law that can be punished with up to 15 years in prison: since anybody can file a charge against anybody, the police have to investigate every complaint and nearly all cases end up in court. The probability of this law being used out of contempt against outspokenness is very high and ultimately can undermine the purpose of the law: to protect the country's monarchy.
After the Thai TV monarchy debate, controversy is growing
Originally published at Siam Voices on March 22, 2013
A Thai TV program discussing the role of the monarchy has sparked growing controversy, with reactionary voices sparking a police investigation. The public broadcaster ThaiPBS aired a week-long special of its interview and discussion program "Tob Jote Prathet Thai" ("ตอบโจทย์ประเทศไทย", roughly translated to "Answering Thailand's Issues") about the royal institution. The series culminated in a two-episode debate between Thammasat University historian Somsak Jeamteerasakul and royalist critic Sulak Sivaraksa, focusing on the draconian lése majesté law. However, ThaiPBS decided not to air the last part of the series, citing fears it could "spark social unrest". (Read our previous post here).
During the whole run, the program was deemed controversial as it was both commended and condemned for openly discussing the role of the monarchy in Thailand on national television. Similar condemnation and commendation was aimed at ThaiPBS after their decision to cancel the airing of Friday's episode, which sparked rumors about political intervention. A collateral damage was the show "Tob Jote" itself, when host Pinyo Traisuriyathamma announced shortly after the cancellation that he and his team would no longer produce any episodes of the program.
However, much to the surprise of everyone, ThaiPBS eventually reversed its decision and aired the second part of the Somsak-vs-Sulak debate on Monday night without any prior notice and promotion. An executive explained before the broadcast that by showing the final part, the audience would understand that part of the political crisis and divide stems form the lèse majesté law, and its abuse actually harms the royal institution.
The controversy over the show is now growing as a group of 100 "fed-up" ultra-royalists, led by self-proclaimed monarchy-defender Dr. Tul Sittisomwong (whose stances on pro-LM and against LM reform have been well documented), protested at the ThaiPBS headquarters on Wednesday and have called for the executives to resign. We have also already mentioned the 40 appointed (as in NOT democratically elected) senators claim that the show's content is deemed lèse majesté.
The program also provoked army chief General Prayuth Chan-ocha to break his months of relative silence and to revert to his usual brazen rhetoric and also slammed the program and its makers. As seen in this video, Prayuth struggled to find the right words, in order not to be too harsh, but nevertheless said this:
"The TV show and its contents are allowed by law but we should consider if it was appropriate. If you think Thailand and its monarchy and its laws are making you uncomfortable, then you should go live elsewhere," Prayuth told reporters.
"Thai TV show draws army wrath for lese-majeste debate", by Amy Sawitta Lefevre, Reuters, March 20, 2013
The hawkish general has been previously quoted saying that victims of the lèse majesté law "should not be whining" because "they know it better." He has also said the following (as previously blogged here), which kind of foreshadows his own words from this week and may should adhere to his own advice then:
"(...) คือกฎหมายเราและประเทศไทยก็คือประเทศไทย ผมไม่เข้า(ใจ)ว่าหลายๆคนอยากจะให้ประเทศไทยเป็นเหมือนประเทศอื่น มีเสรีทุกเรื่อง แล้วถามว่ามันจะอยู่กันยังไงผมไม่รู้ ขนาดแบบนี้ยังอยู่กันไม่ได้เลย” พล.อ.ประยุทธ์ กล่าว
"(...) Our laws are our laws and Thailand is Thailand. I don’t understand why so many people want Thailand to be like other countries – to have freedom in everything – how can we live? I don’t know… I can’t live even like it is now already!” said Gen. Prayuth
“‘ประยุทธ์’แจงปิดวิทยุชุมชนหมิ่นยันทำตามกฎหมาย“, Krungthep Turakij, April 29, 2011
The absolute low points so far in terms of reactions came from Deputy Prime Minister Chalerm Yubamrung and the Royal Thai Police, which are under his watch. They claim to found content in the show that is deemed lèse majesté and have now started to take action:
An initial check of the tapes of the fourth and fifth episodes of the monarchy-debate series found that some statements by guests on the programme were in violation of the law. [Royal Thai Police spokesman Pol Maj-General Piya Uthayo] said that because the programme has attracted a huge public interest and the issue has ramifications on national security, the police have appointed a team of 50 investigators led by Pol General Chatchawan Suksomjit with Pol Lt-General Saritchai Anekwiang as deputy investigator. Police from stations across the country have been instructed to accept complaints about the programme from members of the public.
The national police chief ordered the team to conduct a speedy yet careful investigation and report on their progress within 30 days.
The public is also warned against disseminating information on the Internet that might be deemed insulting to the monarchy and in violation of the Computer Crime Act. Anyone found involved in the dissemination of the lese majeste content would also face action.
"Monarchy debate broke law: police", The Nation, March 22, 2013
This is basically calling for a crackdown on the program, its makers, the guests, and all online discussions about the content of the show!
As a countermeasure, ThaiPBS has meanwhile set up a legal team.
Chalerm defended the police action, saying that it was his order to transcribe the two episodes and pledged to take legal action against whoever on that show broke the law. He also makes the bizarre statement that the government doesn't need to get involved, since he is in charge of the police, despite also being deputy prime minister. He also said this:
"Don't they have anything better to do than criticise the monarchy? It is their right to do so but there must be some limit," he continued. "Thailand has a population of 64 million. Why give so much attention to the opinions of a small group of people?"
"Monarchy debate broke law: police", The Nation, March 22, 2013
The same can be asked about the initial 20 (!), then 100 "fed-up" royalists protesting at ThaiPBS. These self-proclaimed defenders of the monarchy fail to understand that a reform of Article 112 of the Criminal Code does not seek to abolish or to overthrow the monarchy; that criticism of the draconian law does not equal disloyalty to the crown and the country; and that a public discourse about the vaguely written, arbitrarily applied law is essential if Thailand is to move forward.
No country for bold stances: Thai TV station cancels royalty debate
Originally published at Siam Voices on March 19, 2013
For the second time this year, a television program was forced off the air in Thailand due to the perceived politically controversial content. However, this episode is much more than just a cancelled show - it was a test on how much it was possible to have a debate on the most sensitive and serious issue in Thailand, writes Saksith Saiyasombut
In general, programming of the Thai Public Broadcast Service (ThaiPBS) is considered to be of decent quality, aimed at an informed audience or those that want to be informed. This, is a unique approach among the roughly half dozen free-TV channels, whose TV listings are mostly dominated by the infamous lakorn soap operas and variety shows. However, it is also said that this great programing is watched by hardly anyone for the exact same reasons.
The channel has seen many transformations in its young, turbulent history - from an independent, hard-hitting bedrock of Thai TV journalism to the slow neutering under Thaksin Shinawatra's ShinCorp to the eventual takeover the military junta in 2006. The most recent chapter is going to leave another mark on the channel's track record, albeit not a very positive one.
Over the past week, the ThaiPBS interview and discussion show "Tob Jote Prathet Thai" ("ตอบโจทย์ประเทศไทย") or roughly translated to "Answering Thailand's Issues", had a week-long special series discussing and debating the role of the constitutional monarchy in Thailand. This is a very hot topic considering the current political climate where the long-held notion that the King and the royal institution are above politics is being challenged and defended with equal passion.
On the first three days of this series, host Pinyo Traisuriyathamma interviewed former foreign minister Surakiart Sathirathai, Thammasat historian and academic Somsak Jeamteerasakul, and self-proclaimed "ultra-royalist" and former palace police chief Pol Gen Vasit Dejkunjorn, while the last two episodes had Somsak and veteran social activist and monarchy critic Sulak Sivaraksa mostly debating Thailand's still existing draconian lèse majesté law (a summary can be read here).
It turned out that the program attracted attention for the right reasons, as the Bangkok Post's Kong Rithdee notes:
Clearly the programme is pushing the envelope. And envelope-pushing is what we need when the same old blabbering inside our old, cobwebbed envelope isn't taking us anywhere. The highlights of the five-night series were on Thursday and Friday, when Mr Sulak and Mr Somsak sat next to each other debating, eyeing up and staring down, hands moving in a complex telegraphy of their thought. (...) What's most important, however, is the fact that they said many things we never thought we'd hear on television. (...) the mentions of the monarchy were as frank, or as evasive, as the law allows. Of course they both wish the law would allow more, that's the gist of it all.
(...) We as the citizens, and we as journalists, who can now take comfort in the fact that some of the "sensitive" issues often talked about in murmurs, with hand covering mouth, or online, or totally underground, have made their way to national TV, in HD to boot. Television is known for accommodating emotion (think drama series) but in the right setting, it also encourages reason as a condition of being persuasive. It's official: this five-day talk has raised the bar on possible discussion about the monarchy.
"Everyone wins in the Thai PBS royalty debate. Right?", by Kong Rithdee, Bangkok Post, March 16, 2013
Given the current political climate, this TV show had its opponents: as many as 20 (yes, you read that right!) royalist protestors demonstrated in front of ThaiPBS on Friday evening before the airing of the last episode and demanded for the show to be taken off the air. They claimed that the monarchy should not be dragged into any political discussion and that the discussion about (an amendment) to the lèse majesté law is the first step towards dismantling the monarchy - a deliberate disinformation.
Nevertheless, the small but vocal group got its way and apparently ThaiPBS caved, deciding just moments before it was to go on air that the second part of the debate between Sulak and Somsak was to be cancelled on Friday evening, citing fears that the program could "spark social conflict" - an often-heard and convenient phrase to shut down any public discourse that could be deemed uncomfortable.
Unsurprisingly, the decision caused instant controversy. It was met with shock, anger and ridicule online, with some also pointing out that this has been the second recent cancellation of a TV program on Thai airwaves for apparent political reasons, the first being soap opera "Nua Mek 2" which took an apparent jab at the existing government (read more on this here).
Meanwhile, the team of "Tob Jote Prathet Thai" have announced the cancellation of the whole show altogether following Friday's incident. Pinyo Traisuriyathamma has said there was no political or royal interference, but the decision was made by the channel executives.
Whether it was political interference or just pre-emptive obedience by the ThaiPBS higher-ups, the cancellation of an open and straight public debate about the role of the monarchy in the Thai state is a cruel reminder that a certain section of the Thai population is still not ready to face differing notions about Thailand's power structure. While ThaiPBS is to be commended on tackling a thorny issue, it has made a number of discouraging steps backwards by deciding to cancel the show.
UPDATE (Tuesday, March 19): In yet another reversal, ThaiPBS decided to show the last part of the series after all on Monday - without any advertisements or announcements. Here's the YouTube video to the full debate with Somsak Jeamteerasakul and Sulak Sivaraksa:
http://www.youtube.com/watch?v=dKcLdpYK87Y
Before that earlier on Monday, Thai Rathreports that a group of 40 appointed (read: NOT democratically elected!) senators have slammed the "Tob Jote" program for "insulting the monarchy" and see the content as a violation of the lèse majesté law - showing once again that certain groups of people are incapable of a constructive discourse and (deliberately perhaps?) do not know that it is legal to talk about lèse majesté and other issues.
UPDATE 2 (Wednesday, March 20): The pattern of "one step forward, several steps back" has been repeated again, as all videos linked here have been pulled. But since this is the internet, the video have been reposted multiple times already and have been linked here as well.
Debates rages over Thailand's lèse majesté law
Originally published at Siam Voices on February 4, 2013 After the verdict against veteran labor activist Somyot Prueksakasemsuk, discussions about lèse majesté have been reignited on many levels and also in many forms. Somyot was recently sentenced to 11 years in prison, 10 of them for publishing articles (which he didn't write himself) in a magazine that were deemed insulting to the monarchy - after being previously held in detention for 21 months and denied bail 12 times (read our report as it happened here).
We begin with more reactions condemning the decision by the Criminal Court, after the numerous statements by international NGOs e.g. Amnesty International or Human Rights Watch and including the UN High Commissioner for Human Rights, saying “the conviction and extremely harsh sentencing of Somyot sends the wrong signals on freedom of expression in Thailand. Also, the United States State Department issued a short statement during a press briefing last week, expressing "deep concern" and that "no one should be jailed for expressing peacefully their views".
One of the first foreign reactions came from the European Delegation in Thailand, that sees press freedom and freedom of expression "undermined" by the verdict. It was just a matter of time until the statement was met with very extreme (but unsurprising) responses:
In response to the EU, an anonymous message was sent out on Facebook that went on to be shared by a large number of Thai royalists’ online social networks. In the highly politicised context of the ongoing Red-Yellow paradigm, politicking remains a key dynamic of course, in almost any social-political equation.
Nevertheless, it read: “Preserving our beloved Monarchy is the right of the Thai people - not the business of the EU... we have our own distinct culture, much of which has evolved around our beloved monarchy…This may be difficult for Europeans to understand: It is our long-held tradition to pay the utmost respect to our King, with a type of respect that is unique to Asian cultures.”
"Is our debate over freedom forever in conflict with Thai culture", by Titipol Phakdeewanich, Prachatai, January 30, 2013
There was initially noticeable silence by Thai organizations such as the toothless National Human Rights Commission or similar domestic institutions. On Sunday, Prachatai reported on the reaction by the Thai Journalists' Association (TJA):
Chavarong Limpatthamapanee, President of the TJA, has been forced to admit that they do ‘support and protect freedom of expression of the media’. But they then ring-fence this support and protection with as many caveats as they hope will protect them from the ultra-royalists. First they circumscribe the right to freedom of expression within Thai law. (...)
The TJA then decides that freedom of expression does not belong to everyone, but only ‘media’ and says there is a debate going on within the TJA over a definition of what does and does not constitute media.
Khun Chavarong offers a novel definition: “What we protect is media that reports objectively, but if any media tries to have a political agenda for certain political groups, then we cannot protect them.”
"To Be Media or Not To Be Media", Prachatai, February 3, 2013
On the heels of the verdict, the Foreign Correspondent's Club of Thailand (FCCT) hosted a panel discussion on lèse majesté with Somyot's wife Sukanya Pruksakasemsuk, Prachatai webmaster Chiranuch Premchaiporn, prolific academic and lèse majesté expert Dr. David Streckfuss and Dr. Tul Sittisomwong, self-proclaimed leader of the ultra-royalist "multicolored-shirt group" and apparently the only one who is regularly willing to stand in a public debate to defend the draconian law (and also in English).
There's been some controversy that the FCCT did not issue a statement on the Somyot verdict - understandable, since the club board has been targeted with a lèse majesté complaint in the past that was utterly politically motivated. However, the club itself defended their decision on the night of the panel discussion by saying that the FCCT is a club and not a journalist's association. Furthermore, (and I am paraphrasing here) the club is there to foster a debate and argument about the issues in Thailand - preferably by Thais themselves and that evening's debate was a good example (as they have done that in the past many, many times).
Whether or not this is enough is another question (for some it is not, but then again never will be) - but it also begs the question that if a statement by the FCCT was made, it would be doubtful how effective it would have been, considering how ferocious hardcore proponents of lèse majesté reject and attack any criticism, especially from abroad (see above).
The debate itself did not bring anything revolutionary to the discourse, but that was not to be expected. However, it was important that debate still exists and also the incomprehensible mess by Dr. Tul was yet again exposed the weak arguments the proponents of LM have. (See a recap of my live-tweeting of the panel discussion here)
And finally, before a football match between the universities of Thammasat and Chulalongkorn on Saturday, students (including Somyot's son) from both sides were seen showing a large banner in the stands saying "FREE SOMYOT" and protesting around the stadium. The public protest happened in the opening ceremony - from which they were forbidden to participate - where giant paper-mache figures lampoon political figures, which was obviously this year prime minister Yingluck Shinawatra.
This is quite remarkable, since students (or young people in general) are not really publicly perceived as being politically interested and active (unlike in the past). And Thammasat University struggling with itself over their stance towards LM - leading to one of the most bizarre sights as journalism students (!) were protesting against the reform of the law.
While the chances for an actual legal change of the lèse majesté law are still unlikely thanks to an unwilling government - despite their red shirt voter base - all these stories show that the public discourse over lèse majesté is very much still alive and ongoing.
Inside view: Thailand's lese majeste law claims latest victim
Originally published at Siam Voices on January 24, 2013
The court room was packed: 200 people filled the largest room the Criminal Court in Bangkok has to offer - journalists, observers from many Western embassies and other interested parties, all eagerly waiting for the session to begin. The general chatter of the crowd was interrupted by an all too familiar sound from the back of the room: metal being dragged on the ground, the sound of the shackles the defendant was wearing as he walked barefoot into the courtroom.
Some people immediately approached him for his opinion. He smiled and said: "What is important is liberty. Without liberty we ought not to live any longer because our human dignity has been degraded."
Others went to wish him good luck. One of them was Thida Tavornseth, chairwoman of the United Front for Democracy against Dictatorship (UDD), the red shirt umbrella organization. But there were, like at the previous hearings of this case, very few red shirt supporters even though this is a lèse majesté case.
The accused is Somyot Prueksakasemsuk, a veteran labor activist charged with lèse majesté for publishing two articles deemed insulting to the monarchy in the political magazine 'Voice of Taksin' (sic). He was the editor of the now-defunct publication and not the author of the articles, who has been by now revealed as Jakrapob Penkair, a government spokesperson under the premiership of Thaksin Shinawatra and later a red shirt leader who fled the country after the violent clashes of 2009. He wrote the articles under a pseudonym.
The judges were late: 90 minutes after the scheduled time of 9.30am the session began and they swiftly began reading their verdict by reciting the two articles from early 2010 that were deemed offensive to the monarchy. To most people these passages were new, since in most lèse majesté cases the content of the alleged crime are not publicly disclosed outside the courtroom until the verdict.
While the King or the monarchy were never directly referred to in the articles, the court ruled that there could be only one solid interpretation, and that the articles were insulting to the monarchy. Neither did the judges accept the defense lawyer's argument that Somyot should have been protected under the 2007 Printing Act, which doesn't hold editors responsible for the content of others. Last October, Somyot's petition was rejected by the Constitutional Court, as it upheld the repressive lèse majesté and did not see a violation of the constitutionally guaranteed free speech.
After 50 minutes, the verdict was in: Somyot Prueksakasemsuk was found guilty of lèse majesté. The court sentenced him to 10 years in prison - 5 years for each article - also adding the cancellation of a suspended one-year jail sentence for defamation back in 2009. Having already spent nearly 21 months in detention since his arrest in April 2011 (five days after he collected signatures for a petition to amend the lèse majesté law) and having been rejected bail 12 times, Somyot will be imprisoned for another 11 years. It was a harsher term than most people expected, especially for a crime he didn't commit directly himself.
There was shock, disbelief and anger among the group gathered in the courtroom. Somyot himself remained calm and collected. A young man said to him "We will keep on fighting!" Outside the courtroom, his supporters broke down in tears and lamented the unjust verdict. His lawyer announced right away that he will appeal the verdict, rejecting the 'normal' route of hoping for a royal pardon - a route that will usually result in a significant reduction of time spent in jail.
The international reports came in quickly: BBC, Reuters, Associated Press, New York Times, Al Jazeera, the German media outlets tagesschau.de and die taz - as did the international reactions. The European Union said Thailand's freedom of expression and press freedom was "undermined" by the decision. Human Rights Watch states that Thai courts see themselves now as the "chief protector of the monarchy at the expense of free expression rights", while the US-based Freedom House said the charges send "a chilling atmosphere of fear and self-censorship that severely undermines Thailand’s self-professed commitment to democracy.". The United Nations High Commissioner for Human Rights Navi Pillay was quoted as saying, “the conviction and extremely harsh sentencing of Somyot sends the wrong signals on freedom of expression in Thailand. The court's decision is the latest indication of a disturbing trend in which lese majeste charges are used for political purposes.”
At the time of writing, there were no reactions from national organizations like the National Human Rights Commission or the Thai Journalists' Association, as they haven't made a statements during the entire length of Somyot's incarceration.
This is indeed a worrying verdict for free speech and the press in Thailand, which is progressively going backwards. Not only is it possible to be charged based on an ambiguously worded law; not only can anybody file a lèse majesté complaint against anybody else; not only are prosecutors determined to prove the intention of the accused (despite the lack of evidence in some cases); but now it is also possible to be held liable for other people's content. This is especially true with online content thanks to an equally terrible Computer Crimes Act, where a culture of denunciation is state-sponsored and self-censorship is the norm.
Changes to lèse majesté are unlikely to happen anytime soon, as a reasonable debate about reform is difficult in a climate where some groups feel the need to compete with public displays of loyalty to the monarchy, and the government of prime minister Yingluck Shinawatra is unwilling to even touch the law, despite potentially upsetting their own voter base.
At the end of the trial, the sound of shackles dragging across the floor faded as Somyot was brought out of the court room and back to prison.
Thailand's latest lèse majesté sentencing: intent on trial
Originally published at Siam Voices on January 21, 2013 Thailand's draconian lèse majesté law continues to curb freedom of expression and has arguably reached a new level of arbitrariness with the most recent sentencing:
A Thai court has sentenced a leader of the Red Shirt political movement to two years in prison for a speech judged to have insulted the country’s monarchy.
The court ruled Thursday that 54-year-old Yoswarit Chuklom made a speech insulting the monarchy at a political rally in 2010. The Red Shirts took to the streets in 2010 in political protests that ended with deadly clashes with the military.
"Thai Red Shirt gets jail term for anti-king speech", Associated Press, January 17, 2013
A Thai court today sentenced a government adviser, who helped lead protests in 2010 against former Prime Minister Abhisit Vejjajiva, to two years in prison for insulting the royal family.
Yossawaris Chuklom, a comedian who goes by the name Jeng Dokjik, received the sentence for comments made in a speech to protesters that implied King Bhumibol Adulyadej influenced Abhisit’s decision not to dissolve the parliament, according to a court statement. The court said it freed him on bail while he appeals the sentence because he showed no intention to flee.
"Thai Comedian Gets Two-Year Prison Sentence for King Insult", Bloomberg, January 17, 2013
While Yossawaris can not be considered as one of the highest-ranking red shirt leaders - of which there were many during the 2010 protests - his sentencing still needs special attention.
In sentencing a former protest leader to two years in prison, a court ruled that the defendant was liable not only for what he said, but also for what he left unsaid.
The criminal court’s ruling said the defendant, Yossawarit Chuklom, had not specifically mentioned the king when he gave a speech in 2010 to a large group of people protesting the military-backed government then in power. But by making a gesture of being muzzled — placing his hands over his mouth — Mr. Yossawarit had insinuated that he was talking about the king, the court ruled. “Even though the defendant did not identify His Majesty the king directly,” the court ruled, Mr. Yossawarit’s speech “cannot be interpreted any other way.”
The court ruled that it was obvious whom Mr. Yossawarit was talking about. During the trial, Thais with no apparent connection to the case were called to the stand and asked to whom they thought he was referring. All of the witnesses said, “The king.”
"In Thailand, a Broader Definition of Insulting Royalty", by Thomas Fuller, New York Times, January 17, 2013
This is indeed a new dimension of how arbitrarily lèse majesté is being applied here, on top of an already ambiguously written law ("insulting, defaming or threatening"): As many other lèse majesté (e.g. Ampon's) or similar cases (e.g. Chiranuch's) have shown, the principle is actually "in dubio contra reo" ("when in doubt, decide against the accused") for many different reasons. Since the presumption of innocence doesn't apply here, the prosecution is mostly not interested in the actual evidence (or the lack of in some cases), but rather in the "intent" of the alleged crime.
David Streckfuss, a Khon Kaen-based academic and expert on the lèse majesté law, wrote in an academic article in 1995 - long before the recent surge of cases - about the rationale of these cases, since "the truth or accuracy of the defendant's words is irrelevant to the case. The defendant's intent is determined by its hypothetical effect" (p. 452). Taking the case of then-Democrat Party secretary general (and later Thai Rak Thai executive and even later red shirt leader) Veera Musikapong from the 1980s, Streckfuss has deduced five 'principles' that highlight the absurd mechanics of this draconian law - here's an excerpt:
The First Principle: Truth and Intent are Subordinated to Presumed Effect
Truth or guilt is determined purely by its effect. In a regular slander case, the central issue is substantiating the truth - that is, a statement of truth that sullies someone's reputation is not slander. If the defense can prove what the defendant said was true, the plaintiff's case is lost, even if that truth has stained his or her character. In lese-majeste cases, however, it is not necessary to substantiate the truth, for the truth of what was said is not at issue. Ascertaining guilt remains at the level of its hypothetical impact, determined by the projected effect the words, if believed to be true, would have on listeners. [...]
The Second Principle: Actual Proof of Lese-Majeste Requires Further Violation of Royal Dignity
"[G]uilt is determined by what the court estimates a safely abstract (and unascertainable) 'people' would feel were they to hear the words and believe them to be true. As a result, the prosecutors have the contradictory task of trying to argue how inflammatory the slanderous remarks are - that they indeed constitute a threat to the security of the state and would cause people to look down on the king or the monarchy - while at the same time maintaining that the words have no such effect on them personally. [...] If a witness for the prosecution, say, admitted that the intended effect of the words - to cause the king to be looked upon negatively - had succeeded in his or her own personal case, this would indeed be a confession, under oath, of lèse-majesté."
“Kings in the Age of Nations – The Paradox of Lèse-Majesté as Political Crime in Thailand”, by David Streckfuss, in: Comparative Studies in Society and History, 1995, vol. 37 (3), pp 445-475 at p 453, 458
As of now, Yossawaris has appealed his sentencing. Meanwhile on Wednesday, the criminal court is expected to read their verdict against veteran labor activist Somyot Prueksakasemsuk, who is charged for editing articles in a news magazine that were deemed insulting to the monarchy. Lèse majesté continues to make headlines in 2013 and those defending it still find it hard to realize that with each case...
"The end result is that the dynamic of this law do more damage to the monarchy than its critics could ever hope."
“Kings in the Age of Nations – The Paradox of Lèse-Majesté as Political Crime in Thailand”, by David Streckfuss, in: Comparative Studies in Society and History, 1995, vol. 37 (3), pp 445-475 at p 473
Thailand in 2012 - Some personal thoughts (Part 2)
Originally published at Siam Voices on December 29, 2012 This is the second and final part of the Siam Voices year-in-review. Yesterday in part 1, we looked at the year of prime minister's government, that of the opposition and the prevailing impunity over the 2010 crackdown.
Lese majeste: Cowardice in the face of first victim
One topic we expected to continue to play a role in 2012 is the draconian lèse majesté law and its unjust application to crack down on alleged dissent voices. And in many ways - despite the release of Thai-American Joe Gordon and an 'only' suspended sentence against Prachatai webmaster Chiranuch Premchaiporn for not deleting monarchy-insulting web comments quickly enough - it unfortunately still made headlines for the wrong reasons.
The death of Amphon "Akong" Tangnoppakul marked what could be argued the first victim of lèse majesté. The 64-year-old retiree was serving a 20 year sentence for allegedly sending four defamatory text messages to the personal secretary of Abhisit Vejjajiva (despite inconclusive evidence). Having repeatedly being denied bail and suffering bad health, Akong died in detention on May 8. Obviously, his death sparked universal condemnation against the law - almost: Thailand politicians showed little sympathy and interest to do something about the arbitrary law, with Prime Minister Yingluck Shinawatra insisting not to do anything to change Article 112 of the Criminal Code.
Up until this point, the heated discussion about how to amend or if not abolish the law altogether was ongoing. Leading this debate was the Nitirat group, a collective of reformist law academics from Thammasat University, amidst considerable uproar. And it was that university that had a reputation for being one of the more liberal institutions in this country that was struggling and battling with itself, which led to one of the most astonishing sights of this year: of all people, journalism students (!) were seen protesting against Nitirat and the reform of the lèse majesté law by saying “Don’t use knowledge to distort morality!”
The chances that the law will be somehow changed (or even just remotely touched by politicians) remain slim as two incidents have shown that it is untouchable: the Constitutional Court rejected a petition by Somyot Pruksakasemsuk and Ekachai Hongkangwan, both currently on trial for lèse majesté, as it does not see the constitutional right to free speech being violated by Article 112 of the Criminal Code. In another story, a bill petition proposing to amend the law - signed by over 30,000 - was dismissed by the speaker of the parliament.
Meanwhile earlier this week, a former stockbroker has been sentenced to four years in prison under the equally flawed Computer Crimes Act for spreading "false information".
Emerging neighbors: Thailand's geo-political opportunities and blunders
This past year showed the rapid rise of neighboring Myanmar, as the country carefully progresses economically and politically - despite the unmasking of the ugly side of the Burmese pro-democracy movement regarding the genocide against the Rohingya - and other countries of course are in a gold rush mood, as they see new investment opportunities and also to grow their regional influence.
Thailand was one of the few countries that already did business with its neighbor before the change and the upcoming industrial area and deep sea port in Dawei on Myanmar's west coast is the biggest of them. But we reported at the beginning of this year that the mega-project ran into some problems and also caused the Thai government to reconsider their commitment. However, after a visit by Prime Minister Yingluck to Myanmar it seems to be on track again.
A different story shows how Thailand has lost some regional credibility: When NASA planned to use the Thai naval airbase in U-Tapao for atmospheric research study, the opposition Democrat Party drummed up nationalistic outrage and tinfoil-hat conspiracy theorists came out crawling again - conveniently forgetting that...
Officials have noted that the Democrats, now opposed to the NASA initiative, approved the program while in power in 2010 and that it would not entail the use of military aircraft.
"Baseless controversy over Thailand's U-Tapao", Asia Times One, June 22, 2012
It was petty domestic political squabbles that eventually led the annoyed NASA to kill the project and gave Thailand a huge slap to the face geo-politically for not being able to sort itself out.
While the prime minister was busy traveling the world this year to bolster economical ties (read our exclusive report on her visit to Germany and France here), Thailand needs to take charge in the ASEAN region (and without looking down on its neighbors), if it doesn't want to loose relevancy.
The exploits of "ThaiMiniCult" in 2012: Mammophobia!
Of course it wouldn't be Siam Voices if we wouldn't monitor the self-proclaimed cultural heralds of everything “Thai”-ness - or in short "ThaiMiniCult". And while this year they have been noticeably less outraged in quantity, there were still instances when we could only shake our heads.
There was for example the ThaiMiniCult that was rumored (and thank god it was only a rumor) to order that "100 per cent males" shouldn't play transgender roles on TV. Or some arbitrary survey that blames Facebook for teen pregnancies, only to find out that it was lazy journalism that caused that headline, while the real problem of nearly non-existing sexual education is being swept under the carpet. Or the MP that was caught looking up some naughty pictures on his phone in parliament.
But probably the most noticeable media outrage (and also the most-clicked Siam Voices story of 2012) was the 'controversy' over the literally bare-breasted painting performance on the TV show "Thailand's Got Talent" that caused one of the judges to throw a sanctimonious tantrum on national TV and a moral witch-hunt. In the end, it turns out that the producers have "hired" her for a staged controversy. However, given how Thais reacted (or claimed to react) to this brouhaha, it was in many ways revealing.
What else happened this year? (in no particular order)
- The four-part series on Thai Education Failures by our regular Siam Voices contributor Kaewmala is a must-read! Be it ridiculous O-Net questions, questionable standardization, our poor international performance and lacking English proficiencies - our archaic education system is in dire need of change! And what does the Pheu Thai government do? Give away free tablets...!
- A rape case in Krabi, the disgusting denial by the Thai tourism minister in order to 'protect' the image and a father's creative plea for justice.
- Thais being outraged by five tourist douchebags cutting down a tree while most population doesn't give a damn about their own environmental lifestyle and willingly plastic-bags everything...!
- Thais being outraged at Lady Gaga for tweeting the intention of buying a fake Rolex while most of the population otherwise willingly ignores the countless counterfeit markets, and after campaigns by outraged religious groups in the Philippines and Indonesia to ban her concerts, looking rather silly and childish...!
- The Thai senator who accidentally shot his wife...or secretary...or cousin...with an uzi...or not...!
- In upside-down world news this year: The reactionary right-wing ASTV/Manager (media outlet of the anti-democratic yellow shirts) accuses the blatantly anti-Thaksin The Nation (an attempt of a newspaper) of being pro-Thaksin - mind blown!
- "Double, double toil and trouble;" - Thailand's movie adaptation of Shakespeare's "Macbeth" gets banned, but not for the depiction of regicide, rather for the depiction of another "Dear Leader" and the disparagement of his followers.
- Three Iranian terrorists literally blowing up their cover on Valentine's Day in the middle of Bangkok after a warning by the United States Embassy and the immediate arrest of a Hezbollah suspect a month before that and the tweeting motorcycle taxi driver that got the scoop of his lifetime. And deputy prime minister Chalerm Yubamrung as the spiritual successor of the former Iraqi information minister by saying that there's "absolutely no terrorism" in the kingdom.
- Deputy prime minister Chalerm Yubamrung as our new regular contributor to the "Tongue-Thai’ed!"-segments and coming up with the most creative name for the new command center in the South!
- The tsunami scare in April and the failure of Thai TV to inform the public because of a royal cremation ceremony.
- The Dhammakāya Movement's newest revelation: the afterlife of Apple's Steve Jobs...!
- The visit of US President Barack Obama to Thailand, and his meeting with Yingluck Shinwatra and half of the internet not able to be mature about it.
- The Bangkok Futsal Arena fiasco, as the city has failed to construct a purposed-built arena in time for FIFA Futsal World Cup and thus embarrassing themselves on a world stage.
- The return of the fraudulent bomb-sniffing device also known as the GT200, essentially a horrendously overpriced empty plastic shell with a dowsing rod. It's ineffectiveness has been proven since 2010, but it has emerged that the bogus device is still in use by the armed forces for the simple reason that there's "no alternative" but to keep on using it until there's a replacement, while soldiers are unnecessarily risking their lives more than they should because of this fraud, whose UK manufacturer has been charged this year.
- Thailand has FINALLY reached the early 21st century with the arrival of real 3G network coverage after an eternal farce and one last court decision - while neighboring Laos is preparing for 4G already...!
- And last, but not least: The still undisputed, most coherent article by The Nation - EVER!
I’d like to thank my co-writers and editors at Siam Voices and Asian Correspondent for their contributions and work this year, and YOU, the readers, for the support, feedback, criticism, links and retweets! Here’s to an eventful, exciting 2013 that brings us news, changes, developments to discuss and report for all the right reasons! Happy New Year!
The month in Thailand: Reshuffles, coup rumblings and the 3G farce
Originally published at Siam Voices on November 1, 2012 October is normally a politically heated month in Thailand, as seen in the numerous street protests, military shenanigans and other political developments in the recent history and in the more distant past. However, the events in this month were less controversial, or the changes were in the detail, or both. Here are some of the stories that show that.
Military promotions and cabinet reshuffle: look who's talking now?
Normally, the annual reshuffle and promotions of countless military officers and civilian ministers is enough source for discord between the government and the armed forces and for both groups within themselves. This year's military merry-go-round has been largely unsurprising - apart from the removal of Defense Permanent Secretary Gen. Sathien Permthong-in - and reassures the ongoing truce with the government. Also, the promotion of Yingluck's nephew is seen by some as a good sign.
The new cabinet of Prime Minister Yingluck Shinawatra on the other hand has some interesting changes. Yongyuth Wichaidit has resigned as deputy prime minister and Pheu Thai Party leader, some saying to evade a potential corruption case, while the rest of the Yingluck cabinet has the pundits reaching for very different conclusion. Some are saying Thaksin is slowly reclaiming the party, while others say Yingluck is holding her ground.
Sleeping hawks are awake, confused
One more thing that normally comes up during this time of the year (mostly as a negative outcome of the two issues above): rumors and calls for a military coup - since that is apparently the only time-proofed method to bring in stability and democracy in Thailand, according to some.
Last Sunday saw yet another rally that calls for the current government to be ousted by nothing else but a military intervention. The group calls itself Pitak Siam (Protect Siam) and their main organizer is Ret. Gen. Boonlert Kaewprasit, chairman of the Armed Forces Academies Preparatory School (AFAPS) Foundation and Class 1 graduate. He's also been consistent in demanding coups on a regular basis (and having participated in the failed coup attempt of March 1977), citing the cause of protecting the monarchy from lèse majesté. No change this time:
"I'd love to see a coup because I know this puppet government is here to rob the country. Several sectors of society can't take it anymore. If I had the power a coup would have been staged by now," he said. (...)
Over the past year the government has not only stood by as offensive criticism has been hurled against the monarchy, but it has appeared to encourage it, he said. The government has showed itself to be Thaksin's puppet, he said, adding that by installing his sister Yingluck as prime minister, Thaksin had insulted the entire nation.
"Pitak Siam rally hopes to oust govt", Bangkok Post, October 24, 2012
The rally itself was joined by groups (many are PAD-aligned) that can be generally described as ultra-royalist, anti-democratic and nationalist, but also some that are just fed up with the current government. Attendance figures varied wildly between 3,000 (police estimate) and 30,000 (organizer's estimate) - but it's safe to say that they were able to fill the main grandstand at the Royal Turf Club, which holds about 20,000.
What all the coup demands in recent years have in common (apart that it is potentially illegal) is a relentless contempt against Thaksin and the willingness to accept the damage of a military coup with the disregard for the democratic system. The upper echelons of the army at the moment are siding with the government - for now. Gen. Boonlert has announced that there'll be another rally soon and is even more hell-bent to topple this government no matter the costs. However, he and like-minded people should also take into account that another military coup will be even less well-received by the general population than at the last one.
Thailand's eternal 3G farce - the last chapter?
After an almost eternal and tedious waiting period Thailand will finally upgrade to 3G mobile technology making it the second-to-last country in Southeast Asia to do so. It's been a long and painful process but now Thailand's citizens, especially smartphone users, can look forward to finally get wide 3G coverage even before the end of year - or may be not...?!
See, the issue with the 3G implementation in Thailand is a neverending story and - admittedly - much more complicated to explain than the government's rice pledging scheme! The last auction attempt in 2010 was stopped by a last-minute court order after a complaint by a state-owned telecommunications company that the National Telecommunications Commission (NTC) was not authorized to hold the auction - a mess created by the 2007 constitution.
Now, the National Broadcasting and Telecommunications Commission (NBTC) which had the authority to hold this auction. There were in total 9 slots of 5 MHz bandwidth each, three bidders who cannot get more than three each and the results were underwhelming for some.
Thailand has raised 41.6 billion baht (US$1.4 billion) from its long-awaited auction of 3G mobile licenses, with the three bidding operators said to have paid "only a small premium".
[...] the three bidders - AIS, Dtac and True Move - managed to secure 3G licenses. The NBTC noted that AIS submitted the highest bid at 14.6 billion baht (US$ 475 million) for three slots of 5 MHz bandwidth. The other two operators each submitted the minimum bid of 13.5 billion baht (US$439 million) for the three slots of bandwidth, it added.
"Thailand nets $1.4B from 3G auction", ZDNet, October 17, 2012
Dtac was the only one to bid slightly above the starting price and overall the auction only gained a plus of only 1.125 bn Baht ($36m) or 2.78 per cent above the reserve price. Amidst that meager profit from the bidding a torrential flood of criticism poured down on the whole event, especially on the NBTC. Most fault them for missing out on a lot of money during the bidding and thus the 'damaging the country' (even leading The Nation to draw up the most ludicrous conspiracy theory or a poor attempt at satire). On the other hand considering that this was a bureaucratic mess almost a decade in the making and the resistance of state companies, one has to wonder what is still left of the real price of infrastructure progress in Thailand.
And meanwhile across the border, Laos is preparing to launch 4G...!
Lèse majesté update: Judiciary upholds constitutionality while suspect is acquitted
Thailand's Constitutional Court has ruled the Kingdom's draconian lèse majesté law unanimously and unsurprisingly as 'constitutional', after Somyos Prueksakasemsuk and Akechai Hongkangwarn (both accused and detained on lèse majesté charges) have contested Article 112 of the Criminal Code in a landmark legal challenge.
Meanwhile, some good news: A 41-year-old programmer has been acquitted of lèse majesté charges. The court ruled in doubt for the defendant after it was not clear whether or not he was the author of defamatory Facebook messages and that computer evidence could have been even forged.
The best article by The Nation - EVER!
And finally, I present you the best, most coherent article The Nation has written - EVER!
Cambodian royalist rage: A lesson for Thailand
Originally published at Siam Voices on October 24, 2012 Last week, the former King of Cambodia Norodom Sihanouk, died in exile at the age of 89 years. The monarch played a major role in the country's turbulent past, having been credited with leading Cambodia to independence from French rule but also assisting the rise of the Khmer Rouge regime. He served numerous times as prime minister and twice as King of Cambodia until ceding the throne to his son in 2004.
However, royalist rage erupted last week amid an online scandal. The privately run 'I Love Cambodia' page on Facebook posted a picture on October 17 showing Thapanee Eadsrichai, a reporter for Thailand's Channel 3, doing a piece-to-camera while laying her paper notes at her feet. One of the pieces of paper was a portrait of the late King Norodom, which the reporter almost stepped on - an unimaginable offense to any individual, let alone a King, in Cambodia and Thailand.
This accidental misstep by Thapanee sparked outrage on Cambodian social media - as of writing, on the original Facebook post alone over 900 'likes' and over 500 comments have been posted with the majority spewing hateful, emotional and often barely comprehensible calls for violence (or worse) either against the Channel 3 reporter, Thailand or both.
Fortunately, the ultra-royalist rage hasn't turned to violence and all involved parties were executing damage control, with the Cambodian government calling on its people to exercise restraint, and the Thai reporter, her channel and the Thai Ministry of Foreign Affairs all apologizing, insisting that there was no intention to defame the late King and to harm relations between the two country
The Channel 3 reporter explained that as she was doing a stand up report in front of the main pavilion, Chaturamouk, and she needed to lay down all of her personal belongings including mobile phones, notebooks, and the newspapers which carried stories and the photo of the late king Sihanouk.
She said she did not lay the stuff close to her. The photo that appeared on Facebook was shot from behind and to the side, making it appear that the items were on the ground near her.
Learning about the misunderstanding on the social media on Tuesday night, she had returned to the same spot and made gestures of remorse in front of the king’s photo board.
"Reporter apologises for mistreating Sihanouk photo", Bangkok Post, October 10, 2012
The story could have ended there with all sides acting very quickly to defuse the situation and to clear up the unintentional gaffe. Nevertheless, some still found something to be riled up about:
After causing an uproar by mistakenly stepping on a photograph of late Cambodian King Sihanouk while covering his funeral, Channel 3 reporter Thapanee Ietsrichai is in trouble again - this time it is for not taking her shoes off while apologising at the Cambodian embassy in Bangkok. Messages posted on Cambodian websites and the social media dubbed her apology as being insincere, claiming she was "not genuinely penitent".
"Channel 3 reporter in trouble again", The Nation, October 19, 2012
Relations between the two countries have been strained in recent years. In 2003 a Cambodian newspaper wrongly accused a Thai actress of claiming Angkor Wat belonged to Thailand. Riots ensued and protesters burned down the Thai Embassy in Phnom Phen. There have also been a number of border clashes between the two countries. On the other hand relations have turned friendlier recently with the new Yingluck government, as Cambodian prime minister Hun Sen welcomed her brother Thaksin more than he already used to.
One thing the two countries certainly have in common is a tendency towards royal extremism. The ferociousness of the reactions to this latest incident in Cambodia should give Thais an opportunity to reflect about similar behavior among their own people. The Thai Ministry for Information and Communication Technology (MICT) issued a redundant warning to Thais not "to share or to 'like'" the controversial photograph and cited the same ambiguously worded Computer Crimes Act that it has been using in against suspects in lèse majesté cases.
With the unchanged stances over Thailand's lèse majesté law and the continuous insistence of Thai ultra-royalists to show their loyalty to the monarchy by witch-hunting those deemed not loyal, some should look at the comments made by their Cambodian counterparts to get an idea of how it feels to be a victim of extremism.
Public seminar on ‘Democracy and Freedom of Expression’ in Ubon Ratchathani
By Saksith Saiyasombut There were a few events and discussion panels on freedom of speech and how the lèse majesté laws is heavily contributing to the continuous deterioration of that in Thailand in recent years. There was the panel discussion with Sulak, Pravit, Marshall and Anderson hosted by Siam Voices contributor Lisa Gardner, then at the FCCT (where the former event was initially supposed to take place) held an event with Professor Tongchai Winichakul and Professor Andrew Walker earlier this week. Also, Al Jazeera English devoted a whole episode of their weekly "101 East" program on Thailand's draconian Article 112 (lèse majesté), including a panel talk with Sulak, a hapless Panitan Wattanayagorn (government spokesperson under Abhisit and now back being an academic) and the dimwitted statements of Dr. Tul Sitthisomwong (leader of the reactionary, pro-112 multi color shirts).
On this coming Friday there's another public event, that discusses all of the above. However, this time it is a little bit different: First off it takes place in Ubon Ratchathani, and secondly it widens the scope not only on lèse majesté, but also on whether or not democratic values, human rights and personal freedom are actually compatible with Thai culture. The speakers are well-known to regular observers and readers: Thitinan Pongsudhirak, one of the most quoted academic on Thai politics, Prachatai's Chiranuch "Jiew" Premchaiporn, Preut Taotawin and Pavin Chachavalpongpun, currently one of the most active academics and also a staunch activist against 112 - not without consequences. The even is hosted by Dr. Titipol Phakdeewanich, academic and Bangkok Post contributor.
Blurb down here or on the Facebook event page.
A Public Seminar: ‘Democracy and Freedom of Expression’ (in Thai only)
Friday the 22nd of June 2012, from 9.00 am – 1.30 pm Faculty of Political Science, Ubon Ratchathani University
The event is funded by the European Union (EU)
The seminar aims to promote a better understanding of the ways in which democracy, freedom of speech, and human rights are interconnected and cannot be separated if there is to be effective and tangible progress in this regard. The dialogue on this topic will aim towards a clear understanding of the importance of long-term goals in providing a sense of direction and purpose in relation to the promotion of the levels of both political participation and political awareness of the Thai population.
Since the 2006 coup d'état, we have continued to observe the problem of having human rights being more properly respected in a country, which has developed increasingly entrenched colour-code politics. Furthermore, the debate over the reform of ‘Article 112’ has become highly politicised, which has acted to distract from the key principle of promoting human rights.
08.30 – 09.00 am Registration and Coffee
09.00 – 09.20 am Welcoming remarks: Assoc. Prof. Dr. Chaiyan Ratchakul, Dean of the Faculty of Political Science, Ubon Ratchathani University
09.20 – 10.45 am: Speakers
"The importance of freedom of expression in a democratic society" Dr. Thitinan Pongsudhirak, Director of the Institute of Security and International Studies, Faculty of Political Science, Chulalongkorn University
"Freedom of the media in Thailand: challenges and prospects" Ms. Chiranuch Premchaiporn, Director of Prachatai
"Freedom of Expression: Does it exist in Thailand?" Dr. Pavin Chachavalpongpun, Associate Professor at the Centre for South-east Asian Studies, Kyoto University, Japan
"Grassroots perspectives on freedom of expression and democracy in Thailand" Assistant Professor. Preut Taotawin, Lecturer at the Faculty of Liberal Arts, Ubon ratchathani University
Moderator Dr. Titipol Phakdeewanich, Faculty of Political Science, Ubon Ratchathani University
10.45 – 1.30 am: Q & A, Discussion